Allowed

National Insurance Company Ltd. v. Mariyamma Daniel

Kerala HC13 Jun 2018MACA/1020/2014

Case brief

AI extract

What is this about?

The Court allowed the Motor Accident Claims Appeal, reducing the total compensation awarded by the Tribunal by Rs 25,000. The reduction accounts for excess funeral expenses awarded against a deficit in compensation for loss of estate and an excess amount awarded for loss of love and affection over the statutory cap.

What did the court decide?

The total compensation awarded by the Tribunal is reduced by Rs 25,000/-.

National Insurance Company Ltd. Vs Mariyamma Daniel — Motor Accident Claims | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.M.BABU

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WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940

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MACA.No. 1020 of 2014

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AGAINST THE AWARD IN OPMV 514/2005 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,PATHANAMTHITTA DATED 28-10-2013

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APPELLANT(S)

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NATIONAL INSURANCE COMPANY LTD., THIRUVALLA, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM.

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BY ADV.SRI.LAL GEORGE

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RESPONDENT(S)/RESPONDENTS:-:

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1. MARIYAMMA DANIEL,AGED 69 YEARS THANNIMOOTTIL HOUSE, VALANGAVATTOM P.O., KADAPRA VILLAGE, THIRUVALLA TALUK - 689 101.

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2. ROY T.D.,AGED 38 YEARS THANNIMOOTTIL HOUSE, VALANGAVATTOM P.O., KADAPRA VILLAGE, THIRUVALLA TALUK - 689 101.

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3. OMANAKUTTAN NAIR, S/O.VASUDEVAN NAIR, PLAVUNILKUNNATHIL HOUSE, VALANJAVATTOM P.O., KADAPARA VILLAGE, THIRUVALLA TALUK - 689 101.

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4. GEMINI, PLAVUNILKUNNATHIL HOUSE, VALANJAVATTOM P.O., KADAPARA VILLAGE, THIRUVALLA TALUK - 689 101.

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RESPONDENTS 1 & 2 BY ADV. SRI.T.K.KOSHY

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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A.M.BABU, J.

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.......................................... M.A.C.A.No.1020 of 2014

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........................................... Dated 13^th day of June, 2018

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JUDGMENT

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It was on 15.02.2005 the accident. A person by name Babu Daniel died in the accident. He was travelling in a goods vehicle. It capsized. Its rash and negligent driving was the cause of the accident. The vehicle was insured with the appellant. The above are facts either admitted or proved.

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Heard Sri.Lal George and Sri.T.K.Koshy, the learned counsel for the appellant and respondents 1 and 2 respectively.

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In National Insurance Company Ltd vs Pranay

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Sethi (2017 (5) KHC 350) the Supreme Court holds that the appropriate amount to be awarded as funeral expenses shall be Rs 15,000/- and as compensation for loss of estate shall also be Rs 15,000/-. The tribunal awarded Rs 25,000/- as funeral expenses and only Rs 5,000/- as compensation for loss of estate. When there was an excess by Rs 10,000/- in the case of funeral expenses, there was a deficit of Rs 10,000/- in respect of the compensation for loss of estate. The excess and the deficit are equal.

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M.A.C.A.No.1020 of 2014

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The tribunal awarded Rs 1,25,000/- as compensation for love and affection. This court holds in Jyni vs Raphel PT (2016 (2) KHC 870) that the compensation to be awarded for loss of love and affection shall be a reasonable compensation. It is also held that the maximum amount that can be awarded is Rs 1,00,000/-. It is further clarified that it is not correct to award Rs 1,00,000/- to each child or Rs 50,000/- to each parent. The claimants are not entitled to more than Rs 1,00,000/- as compensation for loss of love and affection. They were awarded Rs 1,25,000/- by the tribunal. There was an excess of Rs 25,000/-. It shall be deducted.

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The appeal is allowed as follows: The total compensation awarded by the tribunal in favour of the claimants shall stand reduced by Rs 25,000/-.

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sd/- A.M.BABU Judge

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sks/13.06.2018

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M.A.C.A.No.1020 of 2014

National Insurance Company Ltd. v. Mariyamma Daniel

Case brief

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National Insurance Company Ltd. v. Mariyamma Daniel

Case brief

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